U.S. Supreme Court, Constitutional Law
Supreme Court gun case could cause seismic shifts
By Glenn C. Smith
A case on the court’s docket for the 2021 term raises potentially far-reaching constitutional issues with obvious implications...
State Bar & Bar Associations, Ethics/Professional Responsibility
State Bar is neglecting duty to ensure the MPRE protects public
By William Patton
The State Bar of California’s sale of its ethics examination to the National Conference of Bar Examiners in 1980 and its deleg...
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Ruling will help to safeguard a fair arbitration process
By Benjamin T. Ikuta
Frankly, a decision like Grabowski is long overdue in finding that improper ex parte communications in arbitration can no long...
Entertainment & Sports, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Ruling gives attorneys monopoly over talent negotiations
By Rick Siegel
The Court of Appeal’s ruling on this issue gives attorneys a monopoly over the entire process of negotiating — the drafting, r...
U.S. Supreme Court, Environmental & Energy, Constitutional Law, Administrative/Regulatory
Arguments: Does NGA delegate eminent domain powers to private parties?
By Michael Mills, Sarah M. Taylor
The U.S. Supreme Court recently considered whether the Natural Gas Act delegates the federal government’s eminent domain power...
Where do we go from here?
By Thomas M. Madruga
Times are different now, really different.
Technology, Alternative Dispute Resolution
Mediation by Zoom: some considerations for counsel
By Bob Blum
Counsel and mediators have adapted well to mediation by Zoom, and for some it is now the preferred way to mediate. There even ...
Civil Litigation
Why we should stop SB 447’s imposition of unlimited ‘pain and suffering’ damages
By Kyla Christoffersen Powell, Fred J. Hiestand
Damages are the end-game for contingency fee lawyers who are typically paid 40% of the total recovery in a personal injury law...
U.S. Supreme Court, Appellate Practice
California Supreme Court clarifies citation of opinions rule
By Jessica M. Di Palma
California litigants and courts are well aware of the general rule that an opinion of a California Court of Appeal or an appel...
U.S. Supreme Court, Environmental & Energy
A lawyer’s view of the effort to take water fight to high court
By David Osias
There is an old expression that describes an effort to exaggerate or magnify the significance of a dispute — “You don’t need t...
Law Practice, Civil Litigation
The disappearing act: using ephemeral social media in litigation
By Daniel B. Garrie, Gail A. Andler
Disappearing and self-destructive messages were a considered a “thing of the future” not too long ago. With technological adva...
Letters, Civil Rights
Column cites no instances of rights being violated in probate conservatorship hearings
By Julia Craig Kelety
In his May 5 column, “Civil rights agencies in California are MIA for conservatees,” Thomas Coleman states repeatedly that the...
Real Estate/Development
Eviction moratorium provides relief to landlords, too
By Ebony A. Koger
Earlier this year, Gov. Gavin Newsom signed an executive order extending authorization for local governments to halt evictions...
Immigration, California Supreme Court
Ruling will protect noncitizens from consequences of uninformed guilty pleas
By Kahn Scolnick, Daniel Adler
The California Supreme Court held that Robert Vivar, who pleaded guilty to a nonviolent drug offense without understanding tha...
Labor/Employment, Administrative/Regulatory
Guidance on COVID-19 and the Fair Labor Standards Act
By Peter J. Brown, Alex Volberding
On April 26, the Department of Labor updated its guidance concerning the Fair Labor Standards Act and its application to commo...
Technology, Law Practice, Corporate
Garnering C-suite buy-in for LegalTech via tantalizing AI
By Lance Eliot
Recent surveys indicate that the C-suite continues to slowplay those erstwhile funding requests by in-house legal counsel seek...
Labor/Employment, Criminal, Corporate
Employee charged with COVID relief fraud? Questions for GCs
By Byron J. McLain, Hawwi Edao
The U.S. Department of Justice already has publicly charged almost 500 defendants with criminal offenses based on fraud scheme...
Last April I published an article on options available to businesses who were unable to perform contracts that had been impact...
Corporate, Contracts
Immediate and long-term impacts of COVID-19 on automotive suppliers
By Ann Marie Uetz, Vanessa Miller
The automotive industry was hit particularly hard by the COVID-19 pandemic and is still being impacted in ways that continue t...
Real Estate/Development, California Courts of Appeal
After ruling, tenants can no longer weaponize Delta motions
By Curtis Dowling
Over the years, motions to quash based on Delta would become a clever tactic used by tenant attorneys to attack unlawful detai...
Family, California Courts of Appeal
Ruling says paying for college trumps paying spousal support
By Franklin R. Garfield
In 1972, the California Legislature changed the age of majority from 21 to 18. One of the consequences of that decision is tha...
Labor/Employment
Guardians of the business: Enforceable restrictive covenants
By Emily M. Wajert
Five tips for employers on drafting enforceable covenants.
Labor/Employment
'Persuader rule' would destroy attorney-client privilege and duty of confidentiality
By Michael J. Lotito
Organized labor, among others, is aggressively pushing the Senate to pass the Protective the Right to Organize Act, commonly r...
“Your honor, we are asking for 271 sanctions against the other party” is the refrain often hurled by one, or both, counsel dur...
Law Practice, Appellate Practice
The limits of the appellate process and effective storytelling
By David M. Axelrad
The appellate process has many limitations that can deter a disappointed litigant’s pursuit of relief on appeal.
Judges and Judiciary, California Courts of Appeal, Appellate Practice
Fixing appellate delay
By Jon B. Eisenberg
Three months ago, I filed a complaint with the Commission on Judicial Performance about egregious decisional delay by three ju...
Law Practice, California Courts of Appeal, Appellate Practice
The importance of judicial economy
By David M. Axelrad
As litigation becomes more complex and courts continue to be over-burdened, the principles of judicial economy and efficiency ...
Letters, Judges and Judiciary
Protecting our courts is protecting the rule of law
By Thomas A. Delaney, Nicole Virga Bautista
The California Judges Association applauds the Daily Journal for publishing: “Lawyers must help protect judges,” on April 23.
Law Practice, Ethics/Professional Responsibility
Tips for avoiding risk when acting as replacement counsel
By Shari L. Klevens, Alanna G. Clair
When clients choose their attorneys, they place faith in the attorney to handle the matter effectively and consistently with t...
Law Practice, Alternative Dispute Resolution
Should we ‘flip the system’ from litigation to mediation first?
By Leonid M. Zilberman
Full disclosure: I’ve learned and practiced in the litigation and trial system for over 25 years. Yet, it appears more and mor...